Agenda item no._______4_______ OVERVIEW AND SCRUTINY Minutes of a meeting of the Overview and Scrutiny Committee held on 16 July 2014 in the Council Chamber, North Norfolk District Council, Holt Road, Cromer at 9.30 am. Members Present: Committee: Mr P W Moore (Chairman) Ms V R Gay Mrs A Green Mr J H Perry-Warnes Mr D Young (sub) Mr R Reynolds Mr E Seward Mr R Shepherd Mr N Smith Mr P Terrington Officers in Attendance: The Corporate Director (SB), The Corporate Director (NB), the Head of Business Transformation and IT, the Head of Economic and Community Development, the Head of Planning, the Community Projects Manager, the Environmental Services Officer The Democratic Services Team Leader, The Democratic Services Officer. Members in Attendance: Mr T FitzPatrick, Mr P Williams, Mr B Cabbell Manners, Mrs L Brettle and Mrs H Eales Democratic Services Officer (TGS) 1. APOLOGIES FOR ABSENCE Apologies were received from Mrs B McGoun and Mrs A Claussen-Reynolds 2. SUBSTITUTES Mr D Young for Mrs B McGoun 3. PUBLIC QUESTIONS One question was received from Mrs J Warner, clerk at Aylmerton Parish Council. She referred to item 11 on the agenda, Better Broadband for Norfolk and explained that this was a big issue in her parish. She commented that businesses were struggling due to a lack of viable broadband coverage. She asked Mrs K O’Kane- who was present to discuss the Broadband item- and the committee, what the priority system was for deciding where and how to implement better broadband in the district. The Committee agreed that it would be easier for Mrs K O’Kane to cover the answer to this question in her presentation. Overview and Scrutiny Committee 1 16 July 2014 4. MINUTES Mr R Reynolds requested that the previous minutes be amended at item 187, points d and e, to show that he asked questions regarding the implementation of training regarding domestic violence in GPs surgeries as it was a very important issue. The Democratic Services Officer agreed to amend this. The minutes were approved as a correct record and signed by the Chairman. 5. ITEMS OF URGENT BUSINESS None received 6. DECLARATIONS OF INTEREST None 7. PETITIONS FROM MEMBERS OF THE PUBLIC None received. 8. CONSIDERATION OF ANY MATTER REFERRED TO THE COMMITTEE BY A MEMBER None received. 9. RESPONSES OF THE COUNCIL OR THE CABINET TO THE COMMITTEE’S REPORTS OR RECOMMENDATIONS None received. 10. THE CABINET WORK PROGRAMME The Committee noted the work programme and its content. 11. BETTER BROADBAND FOR NORFOLK – PRESENTATION Ms K O’Kane, Programme Director for Better Broadband for Norfolk at Norfolk County Council, gave a presentation regarding broadband coverage in the county. She explained that whilst government funding which had been match funded by the county council would be able to provide on average 83% of homes in the county with superfast broadband, district councils had been asked to provide top up funding in order to support the areas in their districts which were most technologically isolated. She also outlined methodology for the inputting of fibre optics to support this infrastructure, costs of the overall project, and the timescale. Following this, the Corporate Director (SB) outlined the July Cabinet report, which had been approved at Cabinet, which would allow the district to support this implementation and provide extra funding in principle. He further explained that survey work would be undertaken to ensure the extra funding would be worthwhile. The Chairman queried if all the money that had been allocated by the district would be spent in north Norfolk. Mrs K O’Kane replied that it would be ring fenced. The Chairman then invited members to ask questions. Overview and Scrutiny Committee 2 16 July 2014 1. Mr R Reynolds queried what the implementation time would be for a town such as Fakenham, where the town was relatively large but the broadband infrastructure was not good. Mrs K O’Kane replied that as Fakenham was a ‘head end’ exchange it would be a 2015 roll out, however as Fakenham was lacking significant infrastructure at the moment there would be a lot of work to do. 2. Mrs H Eales raised an article she had read in the telegraph, wherein a village in Lancashire had paid for and provided its own broadband. She commented that companies such as BT where behind and should have been providing this infrastructure 10 years ago. She commented that structure to north Norfolk needed to be provided soon otherwise local communities may end up having to provide their own support. Mrs K O’Kane commented that there were a small number of local schemes, however they relied on large local businesses to provide the service, and should these businesses become unviable the service would disappear. 3. Mr P Williams commented on his own local area, commenting that around him there seemed to be mostly aluminium cable, and queried if this would have to be re-laid. Mrs K O’Kane replied that cables in his area may need rearrangement which would be expensive; meaning that it was less likely that his area was covered by the initial tranche of funding which would give 83% in Norfolk better broadband. She commented she would investigate his area further. 4. Ms V Gay commented that in north Norfolk, rural deprivation was a significant issue, and that members of the public were in effect subsidising areas with better service coverage. She commented that there was a significant economic disparity prevalent in rural area which needed to be overcome, and for not just future economic success, but also for future health and wellbeing, rural areas needed to be provided with better service and facilities. Mrs K O’Kane commented that she couldn’t affect pricing levels of broadband, as much of this was regulated by OFCOM and then set by companies themselves. She commented the best way to approach getting a good price was via comparison sites which would show the best deals. 5. Mr D Young asked Mrs K O’Kane to explain why extra funding was needed to provide 91% of the district with better broadband and queried why the initial funding only covered 83% of the district. She explained that with another £5 million from the LEP and £1 million from the county council, which would be match-funded by the government, they could produce 91% of better coverage for the area. The extra £1 million of funding that was being proposed by the Cabinet, which would again be match funded, would bring coverage in the district up to 95% of better broadband. She explained that the extra funding was required because at this point the areas needing upgrading needed significant improvements to provide sufficient infrastructure. With regards to the last 5% she explained that most of these were houses outside of villages and instead isolated, individual properties, which made implementing better technology very expensive. She explained that for these properties, broadband may never improve due to the cost implications of improvements. However, she again reiterated that to provide 95% of properties in the district with better broadband the £1 million that the authority had proposed should be sufficient, however that surveys and analysis would be carried out before this amount was committed. The Leader at this point asked to give an introduction from the Cabinet point of view. He explained that the report had passed through Cabinet and would be going to Full Council to approve the budgetary implications regarding the ear marking of £1 million. He again explained that there was no commitment to spend until sufficient analysis and surveys of the work required had been carried out. He explained the recommendations were presented to the Overview and Scrutiny committee to consider. The committee unanimously Overview and Scrutiny Committee 3 16 July 2014 AGREED To recommend the following to Full Council: 1. That £1million is earmarked (in a reserve) from the current year balance and future year allocations return of the second homes council tax funding and unallocated New Homes Bonus. 2. That no commitment to spend this earmarked fund is made until the BBfN Programme has let the next call-off contract and this has been analysed by the District Council, the detail shared with Members and a recommendation made to Council. They further requested that members of the committee be kept up to date with progress on the project. 12. WASTE UPDATE The portfolio holder, Mrs A Fitch-Tillett, had provided her apologies for her nonattendance. The Environmental Services Officer introduced the item, saying he covered the day to day management of the waste contract and would be happy to answer member questions. 1. The Chairman queried a site in North Walsham and its status as a waste transfer site, saying he was not made aware of the change. The Environmental Services Officer explained that waste disposal was a county council function, and this was ultimately their decision. He further explained however that following reports of such, the large vehicles were not supposed to go through the town centre and he and his team would look into this. 2. Mr P Terrington discussed issues in Wells, particularly regarding large waste build up. The Environmental Services Officer replied that they were engaging with local business and had put arrangements in place they felt were working, but that these would be monitored. 3. Mr R Reynolds referred to page 15 of the report at appendix A, and queried where there were missed collections, if these were the same people each time. He also asked if it was an issue that the previous Waste and Recycling Manager was no longer working at NNDC. The Environmental Services Officer replied that the trend of missed collections was improving but that they didn’t monitor the figures of where there were repeat misses. He explained that where there were individuals who had suffered on multiple occasions, a rectification notice would be issued. With regards to the Waste and Recycling Manager’s leaving, the Environmental Services Officer replied that he was covering the post at an operational level in the interim, whilst the Head of Service considered a number of options. He explained that members would be kept up to date with this. 4. Mr P Williams raised the issue of waste along the Broads following changes to the waste management in that area. The Environmental Services Officer replied that there was an upcoming meeting to discuss options but the current plan to withdraw coverage remained. 5. Mr D Young raised the issue of fly tipping that may become apparent following changes to the recycling centre charges and access. The Environmental Services Officer replied that the change had not yet taken place, but they would monitor levels of fly tipping following the change. 6. Ms V Gay wished to record her thanks to those who worked in waste management and the waste operatives who worked in the district. She commented that she was very grateful for their hard work, particularly at going the extra mile when necessary. Overview and Scrutiny Committee 4 16 July 2014 The Corporate Director (NB) then gave a brief update on the dry recyclables contract. He explained that they were still on target to roll out in October as part of the joint venture in the Norfolk Waste Partnership. The expansion at the Costessey facility had been completed and would go into commission in September. He also explained they were currently sourcing markets for the output materials but that they should be along the same lines of the original tender. With regards to communicating the change to the public that all recyclables could be put in one bin, he explained that it was key for there to be a county-wide initiative, but also that the process did not start too early so that the public were not confused. Their own launch would be taking place at the Greenbuild event in September. 1. Mr P Terrington queried how to reduce instances of bins falling over containing glass waste, which could be dangerous for individuals. He also queried what the status was of community bottle banks. The Corporate Director replied that, as all glass waste could be put in one bin, it should be heavy enough to keep the bin upright. Alternatively, it could be placed in a clear sack or box alongside the usual bin. With regards to community bottle banks, he commented that they were in discussions with a number of communities for them to take control of local facilities, and that members would be kept aware of options. 2. Mr E Seward commented on the importance of a good advertising and communications strategy, which he hoped would be run effectively. He also queried what would be happening with food waste. The Corporate Director replied that as a joint venture, he hoped the communications and advertising strategy would take a joined up approach and be effective across the county. With regards to food waste, he explained there were upcoming meetings to discuss the remaining waste streams which had yet to be considered in a joint venture. The Chairman thanked officers for their work and members for their comments and the committee NOTED The update 13. PLANNING SERVICE – OVERVIEW AND FUTURE The portfolio holder for planning, Mr B Cabbell Manners, introduced this item. He explained that the planning department had seen significant improvements on performance and further improvements would be about providing change and flexibility to the team, particularly with regards to IT systems. He explained that the team would be going through further changes in the coming months and that members would be kept aware of these. 1. Mr N Smith referred to page 17 of the report, at table 2.4 and queried what the acronyms listed were. The Head of Planning replied that they were all types of formal notices that had been issued, and that PCN stood for Planning Contravention Notice, that RQFI stood for Requisition for Information, EFN stood for Enforcement Notice, BCN stood for Breach of Condition Notice, and that TSN stood for Temporary Stop Notice. 2. Mr P Terrington referred to section 2.8 of the report, querying if the number of dwellings listed on the site allocations development plan were sufficient and asked if this amount had increased. He also referred to points 3.1 to 3.3, suggesting that working with parish councils would be a positive step. Overview and Scrutiny Committee 5 16 July 2014 3. Mr E Seward referred to figures regarding enforcement targets, noting that he was pleased to see positive progress. He asked for the team to ensure they had sufficient capacity to support on-going work. The Head of Planning replied that resource level was an important issue, and that they would be considering this in the future in order to maintain high performance. She also discussed process, and suggested that looking at how the system worked would be as effective as ensuring viable resourcing. The Chairman thanked the portfolio holder and officers for their information and invited the Head of Planning to return to the committee in six months to present on further changes. 14. UPDATE ON THE BUSINESS TRANSFORMATION PROJECT The Leader, as portfolio holder, introduced this item. He explained that the Business Transformation project was primarily about making effective use of technology and ensuring that the authority was working in the 21st century. Members were then invited to ask questions. 1. Mr P Terrington commented that the report was very informative, and asked what the life span of the new information systems would be. The Head of Business Transformation replied that as there was no single system being input via the Business Transformation programme, the timescales were variable. He suggested that new telephone equipment lifespan would generally be round 7 years and computers around 3. He explained that the key idea was to create as efficient systems as possible whilst dealing with on-going change and development. Mr P Terrington asked if all budgetary elements of this were included within the programme. The Head of Business Transformation replied that the budget had previously been approved under the original Cabinet report, and where there were additional costs, providing extra funding would be explicitly requested. 2. Mr E Seward queried whether or not any joint partnerships were currently being considered. The Leader replied that none were apart from the Revenues and Benefits joint partnership with Kings Lynn. 3. Mr P Williams requested there be a basic change to the web contact form to allow the person contacting the council to receive an automated response which included the content of their request. The Head of Business Transformation commented that this was a symptom of an individual system being used where there should be a joined up approach; the principles of which were a fundamental part of the introduction of new technology. 4. Mr R Reynolds commented that it was interesting to see systems grow up and develop, and queried if video conferencing would be available externally as well as internally. The Head of Business Transformation commented that it was still subject to the outcome of the procurement process, but ideally it would be available both internally and externally. 5. Mrs A Green queried whether or not member iPads would allow for the filling in of forms. The Head of Business Transformation commented that the process of procuring iPads for members had so far been a piecemeal process which made it difficult to provide individuals with training to bring all members up to a similar standard. He explained that this should be overcome in the next couple of months, and the hope was that once members were at a similar place, it would be possible to develop functionality of the iPads. Mr E Seward commented on this, suggesting that there were both pros and cons of tablet usage, and the most important element was consulting members on what they needed them for. The Head of Business Transformation agreed and commented that once in place there would be a pilot programme and phased implementation, as well as ensuring flexibility for members, Overview and Scrutiny Committee 6 16 July 2014 as technology was not always the answer or solution to all issues. He concluded that the primary goal was increased simplification, efficiency and flexibility for members. The Chairman thanked members and officers for their comments and the committee NOTED The report 15. COMMUNITY ENGAGEMENT RIGHTS – A GOVERNMENT CONSULTATION The Community Projects Manager introduced this item. He explained that the report included all the details and he was happy to answer any questions. He updated members that under the Right to Bid, 13 applications out of 29 had been listed so far; under the Right to Challenge they had had one successful application via the Wells Maltings Trust, and with regards to the Right to Build and the Right to Reclaim Land the authority had yet to receive any applications. The Chairman queried the non-attendance of the portfolio holder and requested that all portfolio holders attend in the future. The Corporate director (SB) replied that some of these issues could be overcome via a different agenda presentation which he would look into with the Democratic Services Team Leader. The Chairman then invited members to ask questions on the report. 1. Mr P Terrington queried why there had not been a significant number of applications and asked if this could be attributed to a lack of public knowledge and understanding on community engagement rights and also due to a degree of cynicism. He also queried if certain authority-owned land, such as toilets, were exempt from these community rights. The Community Project Manager replied that to nominate toilets as a community asset would be difficult as they were open to general use and in the main mostly used by visitors to North Norfolk. He explained the Council’s Community Asset Transfer Policy and Process when considering Council assets was the best way to offer opportunities for the community to take forward any interest in the transfer of assets held specifically in NNDC ownership. 2. Mr R Reynolds asked for more information on the Community Right to Reclaim Land. The Community Projects Manager explained that it was about bringing a community building or land back into effective use. The Corporate Director gave an example of a site that would potentially fit these criteria, and explained that by his understanding, it was about bringing about a sale on a site that had particular community prominence or concern in order to bring it back to effective community use. 3. Mr D Young queried why there was such a high rejection rate under the Right to Bid. He also enquired as to the level of publicity provided to Community Engagement Rights. The Community Projects Manager replied that the government had provided organisations such as Community Matters with funding to go out to regions to disseminate information and provide independent and objective advice on Community Rights measures. The Community Projects Manager also commented that local authorities had to be careful with the extent that they promoted these initiatives as it could leave them open to potential disputes for bias, rather local authorities were responsible for ensuring there was a suitable infrastructure in place to allow communities to take part in bids. The Community Project Manager also suggested that there were a number of useful guides available, as well as summaries on the authority’s own website available to help organisations. With regards to the high rejection rate of right to bid, the Community Project Manager Overview and Scrutiny Committee 7 16 July 2014 commented that often it was difficult to provide proof of a building’s use or ability for use as a community asset, which made it unlikely to become listed as an Asset of Community Value as part of the process. The Head of Economic and Community Development further commented that communities could utilise these rights for numerous different reasons and that at the moment communities seemed to be ‘testing the water’ of the powers available to them. He suggested that they were useful for producing meaningful discussion between local authorities and communities, particularly if the Community Rights process was not appropriate; it allowed officers to be proactive and identify community issues and work with individuals to a mutually satisfactory goal. 4. Mr E Seward commented that he had found the report informative and encouraged the empowering of communities. He commented that he believed the work the Wells Maltings Trust had done had been a particularly successful and good example of community rights in the district. With regards to the Right to Bid, he queried whether or not the thirteen community assets which had been listed would be able to raise sufficient funds in the allocated 6 month time period. He also commented that many communities perceived parts of these rights, such as neighbourhood plans, to be a waste of time and that they wouldn’t be engaged with effectively. He concluded that the rights seemed to be modest in power for communities, and that since their instigation they had not had much of an impact of community engagement and powers. The Head of Economic and Community Development agreed at the suggestion that there had been modest uptake of the powers; . He explained that he believed at NNDC they had a good relationship with local communities which reduced the need for confrontational approaches to change, and was instead facilitatory and proactive in nature. The Chairman thanked members and officers for their comments, and the committee AGREED To provide the report and minutes of the meeting to the relevant government consultation on Community Engagement Rights 16. OVERVIEW AND SCRUTINY UPDATE The Democratic Services Team Leader introduced this item. She explained to members that the following week’s housing scrutiny meeting was still due to go ahead, however Victory Housing association were now not able to attend. Members could still provide questions and they would be passed on to officers at the housing association for answering. The Chairman registered his disappointment with Victory for their decision to pull out of the event. The Corporate Director reminded members that Broadland and Flagship housing would still be in attendance. Mr P Terrington queried if the Energy Strategy which would be on the committee schedule in September would cover fracking. The Corporate Director replied that yes it would. The meeting concluded at 12.40 pm ____________________ Chairman Overview and Scrutiny Committee 8 16 July 2014